Insurance Says You Are at Fault Despite Police Report: Complete Fighting Guide

Getting told you're at fault by your insurance company—even when the police report clearly states the other driver caused the accident—is frustrating and seemingly unfair. You followed the rules, the police documented what happened, yet your insurance company is denying your claim or assigning you liability.

This comprehensive guide walks you through exactly what to do when insurance determines you're at fault despite a police report in your favor. You'll learn why this happens, what your rights are, and the specific escalation steps that have helped thousands of drivers successfully fight unfair liability determinations.

Understanding Why Insurance Can Deny Claims Despite Police Reports
The Role of Police Reports in Insurance Claims
Step 1: Escalate Within the Insurance Company
Step 2: File Through Your Own Insurance Policy
Step 3: File Complaint with State Department of Insurance
Step 4: Hire a Personal Injury Attorney
Understanding the Subrogation Process
Preventing Future Disputes with Dash Cams and Evidence

Understanding Why Insurance Can Deny Claims Despite Police Reports

The harsh reality is that police reports do not legally determine fault for insurance purposes. While this seems counterintuitive—especially when an officer documents that the other driver violated traffic laws—insurance companies have the authority to make their own independent liability determinations.

Why Police Reports Don't Determine Fault

Police reports serve as documentation of what officers observed and what parties stated at the scene. Unless the officer personally witnessed the accident, the report reflects:

Statements from involved parties
Physical evidence at the scene (skid marks, vehicle positions, damage patterns)
Officer's professional opinion based on experience
Any traffic citations issued

However, insurance adjusters are trained to evaluate liability based on their own investigation, which includes:

Damage analysis: Where vehicles were hit and what this suggests about the collision dynamics
Statements from both drivers: Often conflicting accounts
Physical evidence: Independent of police interpretation
Witness testimony: If available
State traffic laws: Applied to the specific circumstances

The "Word vs. Word" Problem

When there are no independent witnesses or video evidence, even a strongly-worded police report becomes "he said, she said." If the at-fault driver tells their insurance company a different story than what they told police, the insurer may choose to believe their policyholder—especially when physical evidence could support multiple scenarios.

For example, if your car has front-end damage and the other vehicle has side damage, an adjuster might conclude you struck them—even if they ran a red light. Without witnesses or camera footage proving they entered the intersection illegally, it becomes your word against theirs.

Same Insurance Carrier: A Costly Conflict

When both drivers have the same insurance company, there's an inherent conflict of interest. If the carrier can deny both claims or assign partial fault to both parties, they pay out less money overall. While insurers are legally required to handle claims fairly, some drivers report experiencing more pushback when the same company insures both parties.

The Role of Police Reports in Insurance Claims

While police reports don't make the final liability determination, they're still extremely valuable evidence in your favor.

What Police Reports CAN Do

Provide Supporting Documentation: A police report stating the other driver violated traffic laws is persuasive evidence
Record Admissions: If the other driver admitted fault to the officer, that's documented
Establish Credibility: Shows you reported the incident immediately and provided a consistent account
Support Legal Action: Essential if you hire an attorney or file a DOI complaint
Facilitate Subrogation: Helps your insurance company recover costs from the at-fault party

What the Police Report Says Matters

Check your police report carefully for:

Violation codes: Did the officer cite the other driver?
Fault assignment: Some jurisdictions allow officers to note fault
Recorded admissions: Statements like "I didn't see them" or "I ran the light"
Contributing factors: Speed, distraction, impairment
Witness information: Contact details for anyone who stopped

When Police Reports Carry More Weight

Police reports are most influential when they include:

Traffic citations issued to the other driver
Direct admissions of fault ("I'm sorry, I didn't see the red light")
Independent witness statements corroborating your account
Officer observations of intoxication, distraction, or reckless behavior
Physical evidence clearly supporting one narrative

Step 1: Escalate Within the Insurance Company

Your first and most immediate action should be escalating your case within the insurance company. Many liability disputes are resolved at this stage.

Demand to Speak with a Supervisor

Don't accept the initial adjuster's determination as final. Insurance adjusters handle hundreds of claims and may not have thoroughly reviewed all evidence. Request escalation immediately:

What to say: "I respectfully disagree with this liability determination. The police report clearly states [specific facts]. I need to escalate this to your supervisor or a senior claims examiner. Please transfer me now or provide their direct contact information."

Document Everything

Before escalating, compile all evidence:

Copy of the police report (highlight fault determinations)
Photos of both vehicles showing damage
Witness contact information
Your written account of the accident
Any dash cam or security camera footage
Medical records if injured

Present Your Case Clearly

When speaking with the supervisor, be professional and factual:

State the facts: "On [date], I was struck by [describe] at [location]"
Reference the police report: "The police report states the other driver [violated X law]"
Explain the contradiction: "Your company determined I'm at fault despite this evidence"
Request reconsideration: "I'm requesting a thorough review of all evidence by a senior examiner"

Set a Timeline

Ask when you can expect a response and follow up in writing via email. This creates a paper trail that's valuable if you need to escalate further.

Step 2: File Through Your Own Insurance Policy

If you have collision coverage, filing through your own policy can be the most effective strategy—even if the other driver was at fault.

Why File With Your Own Insurance

Benefits:

Faster claim processing (your insurer works for you)
Immediate access to rental car coverage
Your insurer will fight for you through subrogation
Protects your right to compensation while disputes are resolved

The Catch:

You'll pay your deductible upfront
Your rates might increase (though not always if you're determined not at fault)
Deductible refund depends on successful subrogation

How Your Insurance Company Helps

When you file with your own carrier:

They pay your claim: Car repairs, medical bills, rental car
They investigate independently: Often with more resources than the other company
They subrogate: Pursue the at-fault party's insurer for reimbursement
They refund your deductible: If they successfully recover costs

The Subrogation Advantage

Your insurance company has a financial incentive to prove you weren't at fault—they want to recover every dollar they paid you from the other insurer. They'll use:

Legal teams
Expert accident reconstructionists
Arbitration processes
Litigation if necessary

This costs you nothing and happens automatically once you file your claim.

Same-Carrier Exception

If both you and the other driver have the same insurance company, the process works differently. The carrier should:

Transfer your claim to the appropriate policy (yours or theirs)
Waive or reduce your deductible in some cases
Handle subrogation internally

However, same-carrier situations sometimes result in more aggressive denial tactics since the company pays either way.

Step 3: File Complaint with State Department of Insurance

Every state has a Department of Insurance (DOI) or similar regulatory agency that oversees insurance companies and investigates consumer complaints.

When to File a DOI Complaint

File with your state DOI if:

The insurer ignored the police report without justification
They denied your claim unreasonably
They misrepresented policy coverage
They delayed processing without cause
Escalation within the company failed

How to File

Find your state's DOI: Search "[Your State] Department of Insurance complaint"
Gather documentation: Police report, claim denial letter, correspondence with insurer
Complete the complaint form: Most states offer online filing
Explain the issue clearly: Focus on facts and how the insurer violated fair claims practices

What Happens Next

The DOI process typically involves:

Investigation: The agency reviews your complaint
Insurer response requirement: The company must respond in writing within a specific timeframe
Mediation: Some states offer free mediation services
Findings: The DOI issues a determination

Why This Works

Insurance companies take DOI complaints seriously because:

Regulatory violations can result in fines
Multiple complaints trigger audits
Bad track records affect licensing
Consumer protection laws carry penalties

Many drivers report that simply filing a DOI complaint prompted their insurer to reopen the case and reverse the denial.

Step 4: Hire a Personal Injury Attorney

If your claim is significant or involves injuries, consulting an attorney is often the best move—and it's typically free to explore your options.

When You Need an Attorney

Consider legal representation if:

You were injured in the accident
Your vehicle was totaled
The liability dispute involves substantial damages
The other driver is uninsured or underinsured
You've exhausted other escalation options
The insurance company is acting in bad faith

How Personal Injury Attorneys Work

Most personal injury attorneys work on contingency, meaning:

No upfront costs: Free initial consultation
No hourly fees: You don't pay as the case progresses
Payment only if you win: Attorney takes a percentage (typically 33-40%) of your settlement
They cover case costs: Including expert witnesses, filing fees, depositions

What Attorneys Can Do

An experienced attorney will:

Review all evidence: Police reports, medical records, witness statements
Demand full policy limits: If you're clearly not at fault
Negotiate aggressively: Insurance companies settle more favorably when attorneys are involved
File lawsuits: If the insurer refuses to budge
Handle bad faith claims: Sue the insurer for unfair practices
Coordinate with your health insurance: Manage liens and reimbursements

Finding the Right Attorney

Look for attorneys who:

Specialize in car accident and personal injury cases
Have experience with bad faith insurance claims
Offer free consultations
Have positive client reviews
Practice in your state (licensed and knowledgeable about local laws)

Red flags: Attorneys who pressure you to sign immediately, guarantee specific outcomes, or charge upfront fees for injury cases.

Understanding the Subrogation Process

Subrogation is how your insurance company recovers money they paid on your claim from the at-fault party's insurer.

How Subrogation Works

You file with your insurance: They pay your claim (minus deductible)
Your insurer investigates: Determines the other driver was at fault
They demand payment: Contact the other insurer for reimbursement
Negotiation or arbitration: If the other company disputes fault
Recovery and refund: If successful, you get your deductible back

Timeline Expectations

Subrogation can take:

3-6 months: For straightforward cases
6-12 months: When fault is disputed
1-2 years: If arbitration or litigation is required

Your Rights During Subrogation

You have the right to:

Updates on progress: Request status reports from your insurer
Full deductible refund: If they recover 100% of costs
Partial refund: If they recover a portion of costs
File your own lawsuit: If your insurer abandons subrogation

When Subrogation Fails

If your insurance company cannot recover costs through subrogation, you can:

File a lawsuit directly against the at-fault driver
Pursue a bad faith claim against the other insurance company
Accept the loss and move on (if damages are relatively minor)

Preventing Future Disputes with Dash Cams and Evidence

The number one piece of advice from insurance professionals and accident victims alike: get a dash cam.

Why Dash Cams Are Essential

Dash cams eliminate "word vs. word" disputes by providing:

Objective video evidence: Shows exactly what happened
Timestamp and GPS data: Proves time, location, and speed
Audio recording: Captures admission of fault at the scene
Protection from fraud: Prevents staged accident scams

Real-world impact: Drivers with dash cam footage report 90%+ success rates in getting favorable liability determinations—even without police reports.

Recommended Dash Cams

Based on real user recommendations from the insurance claim community:

Best Overall: Viofo A129 Duo ($150-200)

Dual camera (front and rear)
1440p resolution
Night vision
GPS logging
Parking mode (records when car is off)

Budget-Friendly: Viofo A119 Mini 2 (Under $100)

1440p front camera
Compact design
Easy installation
Great value

Premium Option: Garmin Dash Cam Series ($200-400)

Crash-resistant design
Voice control
Driver alerts
Cloud backup options

Installation Tips

Professional installation: Worth it for hardwired parking mode
DIY installation: Use fuse tap kit to power from car's fuse box
Memory cards: Use high-endurance cards (designed for constant recording)
Positioning: Mount high on windshield for best view, avoid blocking vision

Other Evidence to Collect

Beyond dash cams:

Photos immediately: All vehicles, damage, road conditions, traffic signals
Witness contact info: Names, phone numbers, emails
Your account in writing: Document while memories are fresh
Vehicle computer data: Some cars record speed and braking events
Nearby security cameras: Ask businesses if they have footage

What to Do at the Scene

Don't admit fault: Even if you think you might be partially responsible
Call police: Always get an official report
Record admissions: Note if the other driver admits fault
Exchange information: But don't discuss who's at fault
Document everything: Photos, videos, notes

Final Thoughts

Being told you're at fault despite a police report supporting your claim is infuriating, but it's not the end of your fight. Insurance companies make liability determinations that can be challenged and overturned through proper escalation.

Your action plan:

Escalate immediately: Demand supervisor review
File through your policy: If you have collision coverage
Contact state DOI: If the denial seems unreasonable
Consult an attorney: Free for most injury cases
Be persistent: Many denials are reversed on appeal

Prevent future disputes:

Install a quality dash cam today
Understand your policy coverage
Document everything at accident scenes
Never admit fault before speaking with your insurer

Remember: Insurance companies are businesses protecting their bottom line. They count on policyholders accepting initial denials. Those who escalate systematically and leverage all available tools—police reports, attorneys, state regulators, and evidence—significantly improve their chances of getting fair treatment.

Have you successfully fought an unfair fault determination? What strategies worked for you? Share your experience in the comments to help others facing similar situations.